UK: BREXIT’S impact on cosmetics compliance
The United Kingdom formally left the European Union on January 31, 2020.
A company marketing or wishing to market cosmetic products in the United Kingdom thereafter needs to be represented by a Responsible Person based in the UK.
Cosmetics companies have until December 31, 2020 to comply with the requirements of the “The Product Safety and Metrology etc. (Amendment etc.) (EU Exit) Regulations 2019, Schedule 34”, the so-called “UK Cosmetics Regulation”.
UK Responsible Person
Beginning January 1, 2021, a Responsible Person in the UK will be required in order to sell cosmetic products in the country. A cosmetics brand selling both in the EU and in the UK needs a local Responsible Person for each territory.
Finding a new Responsible Person to represent products in the EU or in the UK is not a task to take lightly. Among other recommendations, a cosmetics brand should try to find one Responsible Person with offices both in the EU and in the UK who can, therefore, represent products in both regions. Indeed, a new Responsible Person will typically audit cosmetic product dossiers to ensure that they comply with the legislation and to avoid taking unreasonable risks. Such an audit comes with additional costs and takes time. For that reason, working with only one Responsible Person is the most cost-effective option for cosmetics brands.
Product Information Files must be updated to display the name of the EU and the UK Responsible Persons. Furthermore, it should be ensured that Cosmetic Product Safety Reports are signed by qualified toxicologists with degrees recognized in the UK (for the UK market) and in the EU (for the EU market).
Responsible Person’s contact details
When selling in the UK, the UK Responsible Person’s contact details will need to be included on the product label.
EU and UK Responsible Persons’ information will need to be included on the label if the product is sold in both territories.
According to EU regulations, the manufacturing country will need to be included on the product label if this country is outside the EU.
- If you are manufacturing in the UK and selling in the EU, the words “Made in the UK” will need to be added to your label.
- If you are manufacturing in the EU and selling in the UK, the words “Made in the EU” will need to be added to your label.
Only products complying with these new labeling requirements will be able to be sold in the UK and EU markets beginning February 1, 2022.
The inverted epsilon ‘3’ is displayed on aerosol dispensers intended for the EU market to confirm compliance with Council Directive EEC No 75/324. The equivalent British statutory instrument foresees inclusion of the words ‘UKCA’ instead of the ‘3’ to mean that the product complies with the applicable legal requirements. Beginning January 1, 2022, only products including the UKCA label will be able to be sold in the UK market. Both the UKCA label and the ‘3’ can be displayed on the same label if the product is sold both in the EU and the UK.
Each product will need to be re-notified in a new notification system in order to be allowed for sale in the UK. It is understood that no automatic transfer between the CPNP and this new British notification portal has been planned. The British system will only be made available beginning January 1, 2021, and it cannot be confirmed which features it will offer. All cosmetic products currently for sale in the UK market will need to be re-notified within 90 days from the end of the transition period.
A product sold in both markets will need to be notified in the UK notification system and in the CPNP.
Cosmetic products currently represented in the EU by a Responsible Person located in the UK (and having no offices in the EU) will need to be transferred to a Responsible Person located in the EU. This transfer can be made automatically until the end of the transition period. After December 31, 2020, the CPNP accounts for Responsible Persons located in the UK will be blocked and the CPNP notifications not yet transferred will be frozen forever. Therefore, the transfer of cosmetic products should be completed before the end of the transition period to avoid a manual re-notification in the CPNP.
How does BIORIUS assist you?
BIORIUS ensures your presence in both the EU and the UK by certifying that your products are 100% compliant in both territories!
1. Responsible Person
BIORIUS has offices in both the EU and the UK, allowing us to serve as Responsible Person in both areas.
At BIORIUS, we made the decision not to increase our legal representation prices for covering UK after the end of the transition period. We will serve as Responsible Person in the UK as well as in the EU for the same rates as before.
Using our regulatory expertise, BIORIUS reviews your labels to ensure their compliance in the EU and the UK after BREXIT.
BIORIUS notifies your cosmetic products in the CPNP and in the new UK notification system to enable you to market them in both territories.